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Jurnal Cakrawala Hukum
The Journal of Cakrawala Hukum, is a scientific periodical of the Faculty of Law, University of Merdeka Malang, which includes a variety of research in the field of law, or the analysis of actual case studies, or ideas related to the actual law. A Scientific periodical is intended as a means of scientific communication and a means of fostering, developing and strengthening knowledge in the field of law. Academics, legal practitioners, or anyone interested in the field of law may submit his papers to the editor with the guidelines in writing. Coverage includes, but is not limited to Employment and industrial law, Corporate governance and social responsibility, Intellectual property, Corporate law and finance, Insolvency, Commercial law and consumer protection, Environmental law, Taxation, Competition law, and Regulatory theory. Researchers in all law fields are encouraged to contribute articles based on recent research.
Articles
104
Articles
Pandangan negara integralistik sebagai dasar philosofische gronslag negara Indonesia

Nurita, Riski Febria ( Faculty of Law University of Merdeka ) , Sugiarto, Laga ( Fakultas Hukum Universitas Negeri Semarang )

Jurnal Cakrawala Hukum Vol 9, No 1 (2018): Vol 9, No 1 (2018): Juni 2018
Publisher : University of Merdeka Malang

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Abstract

The idea of an integralistic state of Indonesia that embraces Unity becomes a soul rather than the conception of the form of the Unitary State of the Republic of Indonesia (NKRI), its relationship with the Pancasila can be seen that the Pancasila is a unified whole that cannot be separated. Each precept cannot be separated from one another, the whole precepts describe the existence of a unity or integralistic notion that is in accordance with the spirit of Unity in Diversity. The type of writing used in this paper is Normative Jurisdiction. We can see the assertion of its own integralistic state of understanding and we describe it in the formulation of the One Sila and the third Sila of the Pancasila. Countries that are based on family life, will organize the foundation not only inward, but also outside. Even though the idea of an integralistic state is the idea of a nation state (nationale staat), it does not mean that the Indonesian nation with all the reasons for narrow nationalism (chauvinism) takes actions that can demean other nations by assuming that Indonesia is the only nation that feels superiority and dignity superior to other nations.

Pertanggungjawaban pidana korporasi terhadap tindak pidana yang dilakukan oleh karyawan marketing

Nuha, Mohamad Ulin ( Kantor Advokad Tulungaggung )

Jurnal Cakrawala Hukum Vol 9, No 1 (2018): Vol 9, No 1 (2018): Juni 2018
Publisher : University of Merdeka Malang

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Abstract

This study aims to resolve legal problems that occur related to promotions that mislead consumers and commit fraud against money received from consumers. However, in the criminal justice process only sales are held to be held personally accountable, not corporations who are held accountable. This study examines the legal position of corporations in the criminal justice system in Indonesia, then how to determine corporate errors and criminal liability of corporations in criminal acts of consumer protection. In order to answer this problem, reviewing Court decisions using Law Number 8 of 1999 concerning Consumer Protection is accompanied by theories of corporate criminal liability. Corporations have been recognized as the subject of criminal law in the criminal justice system in Indonesia and if corporate members who commit crimes have a working relationship with the corporation, the crimes committed by corporate members are still within the scope of their work, as well as providing benefits to the corporation. Corporations can be held liable if the authority given to its members is misused. Corporations can be asked for criminal responsibility if the work culture or corporate work system is considered too loose so that it is used by its members to commit crimes. The form of corporate criminal liability is in the form of principal penalties in the form of fines and additional crimes in the form of compensation to consumers.

Akuntabilitas keuangan desa dan kesejahteraan aparatur desa dalam pengelolaan keuangan desa

Nahuddin, Yusuf Eko ( University of Merdeka Malang )

Jurnal Cakrawala Hukum Vol 9, No 1 (2018): Vol 9, No 1 (2018): Juni 2018
Publisher : University of Merdeka Malang

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Abstract

The spirit of the Village building is the key word for the birth of Law No. 6 of 2014 concerning Villages, which must be realized with the efforts of professional village financial management to create community welfare and village apparatus as a juridical consequence of the enactment of Law No. 6 of 2014 concerning Villages relating to autonomous authority to manage village finance accountably for the achievement of village welfare which is a shared desire and noble ideals of the nation and also equally important is to improve the welfare of village apparatus to support these ideals so that they have no potential abuse of authority. Speaking about the village, it is inseparable from the position and authority of the village government, as the lowest government unit in Indonesia which still raises the pros and cons of the village government itself, one of the reasons is Regional Autonomy which lacks assertiveness about the task and authority of the village head , to manage its own finances, the finance obtained by the Village from the APBN (State Revenue and Expenditure Budget) is in the form of ADD (Village Fund Allocation).

Tanggung jawab koperasi simpan pinjam terhadap jaminan milik pengurus yang di jaminkan hutang koperasi

Wisnuwardhani, Diah Aju ( Faculty of Law University of Merdeka Malang )

Jurnal Cakrawala Hukum Vol 9, No 1 (2018): Vol 9, No 1 (2018): Juni 2018
Publisher : University of Merdeka Malang

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Abstract

Cooperatives are economic enterprises that prioritize the welfare of their members through the financial sector. This emphasizes the importance of member welfare as one of the objectives of establishing a cooperative. In connection with lending and borrowing which forms the basis of the relationship between the bank and the Savings and Loan Cooperative, the Savings and Loan Cooperative has the obligation to return when requested by the bank or when the Savings and Loan Cooperative is no longer active in its activities. Furthermore, how is the legal relationship between Savings and Loans Cooperatives and creditors. The basis of the legal relationship between Savings and Loans Cooperatives and creditors is an agreement to borrow and borrow money which is often referred to by the community as a credit agreement. The agreement is actually a relationship based on a loan lending agreement as stipulated in Article 1754 of the Civil Code. Cooperative loans for bank financing are carried out and signed by all cooperative managers through personal quarantee as stipulated in Article 1820 of the Civil Code, namely as the guarantor of the debt referred to as the "Guarantor". While the personal assets submitted by the management to the bank as an additional guarantee or accesoir.

Perlindungan hutan ulayat masyarakat hukum adat sawai dari kegiatan usaha pertambangan

Hady, Olvin ( Fakultas Hukum Universitas Brawijaya )

Jurnal Cakrawala Hukum Vol 9, No 1 (2018): Vol 9, No 1 (2018): Juni 2018
Publisher : University of Merdeka Malang

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Abstract

This research is aimed to understand and analysis about the incompatibility of national law in the rejection from customary law community of sawai in order to protect the ulayat forest from the mining business activities of PT.WBN. Also this research aimed to give a solution about how to solve the conflict between customary law community of sawai with PT. WBN as a form of legal protection. The type of this research is empirical juridical with juridical sociology approach. The procedure to collect the data is use library research as the technique to analysis and also used the technique analysis of legal material with descriptive qualitative as the method. The result of this research is to show The resistance of law community of sawai is contrary with national law. The right forest is the forest area of customary law community.  The Settlement of the conflict from PT.WBN with customary law community not already find a solution to solve the problem. It is because there is a differences between the price of land acquisition which is unappropriated with the demand of customary law community of sawai. And also there is tendencies from the district government of Halmahera Tengah which is more partiality with PT.WBN.

Penerapan asas ultimum remidium dalam penegakan hukum pidana di bidang cukai

Menezes, Bendito ( Program Studi Magister Ilmu Hukum Universitas Merdeka Malang ) , indrawati, Indrawati ( University of Merdeka Malang )

Jurnal Cakrawala Hukum Vol 9, No 1 (2018): Vol 9, No 1 (2018): Juni 2018
Publisher : University of Merdeka Malang

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Abstract

Strict efforts in enforcing excise laws, criminal sanctions are used as a tool to provide maximum forced power for the excise duty community. But the truth is that criminal provisions are the last resort when administrative sanctions no longer work optimally. This study uses normative legal research methods. An offense to be categorized as a criminal offense cannot be separated from the legality of the legal subject, namely the BKC businessman and the legal object, namely the BKC and the Excise Band. If one of the legal subjects or legal object is illegal, then the violation committed is a form of criminal offense. In addition, an act can be convicted under the Customs law if it meets the following criteria: explicitly and clearly formulated as a violation, significantly causing state losses, and is a recurring act, or state losses incurred cannot be repaired. The application of the principle of ultimum remidium in law enforcement in the excise sector needs to use the theory of restorative justice to restore state losses caused by criminal offenders in the excise field, and social cost theory to provide additional costs and risks for criminals to dissuade them commit crime.

Tanggung jawab pt go-jek Indonesia terhadap kerugian yang diderita pengemudi go-jek melalui fitur go-food

Putri Augustti, Vanda Widyawati ( Fakultas Hukum Universitas Merdeka Malang ) , Sunarjo, Sunarjo ( University of Merdeka Malang )

Jurnal Cakrawala Hukum Vol 9, No 1 (2018): Vol 9, No 1 (2018): Juni 2018
Publisher : University of Merdeka Malang

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Abstract

Go-Jek is present in Indonesia as one of the application-based online transportation. GO-JEK Indonesia which provides various service features, one of which is Go-Food. Go-Food is a food delivery service for consumers who want certain foods in a restaurant. In practice, there are obstacles in the form of orders by irresponsible consumers with cash payments, namely fictitious orders and cancellation of orders when food has been paid by Mitra to restaurants. This study uses empirical research methods that will examine 3 (three) problems, namely the legal relationship between the parties in the Go-Food feature, GO-JEK Indonesias responsibilities, and legal protection against the Go-Jek driver who suffered losses in terms of using features Go-Food by irresponsible consumers. In the use of the Go-Jek application, the parties are subject to an electronic partnership agreement. This agreement is classified as a standard agreement and contains several standard clauses which are prohibited by law which result in the agreement being declared null and void. So it is hoped that this research can help the parties to review the clause on the agreement made and the losses experienced by the Go-Jek driver in using the Go-Food feature by irresponsible consumers can be reduced.

Perlindungan hukum terhadap hak anak dalam memperoleh akta kelahiran

Sukranatha, Anak Agung Ketut ( Fakultas Hukum Universitas Udayana ) , Ari Atu Dewi, Anak Agung Istri ( Fakultas Hukum Universitas Udayana )

Jurnal Cakrawala Hukum Vol 9, No 1 (2018): Vol 9, No 1 (2018): Juni 2018
Publisher : University of Merdeka Malang

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Abstract

Childrens problems lately are very complex. Many cases occur in the community that ignore the fulfillment of childrens rights. One is the lack of fulfillment of childrens rights on birth certificates. The research method used is a normative research method. The results of this study are that legal protection of childrens rights in obtaining birth certificates to the community has been regulated from the 1945 Constitution of the Republic of Indonesia, Law of the Republic of Indonesia Number 23 of 2002 concerning Child Protection, Law of the Republic of Indonesia Number 23 of 2006 which was amended by the Republic of Indonesia Law Number 24 of 2013 concerning the Implementation of Population, Badung District Regulation Number 10 of 2010 which was amended by Badung District Regulation Number 9 of 2016 concerning Amendment to Badung District Regulation Number 10 of 2010 concerning Implementation of Population Administration , Regional Regulation of Denpasar City Number 5 of 2014. Birth registration that exceeds the fixed time limit can be done by requesting approval from the Head of the Population and Civil Registration Office.

Persinggungan hukum dengan masyarakat dalam kajian sosiologi hukum

Mushafi, Mushafi ( Universitas Nurul Jadid ) , Marzuki, Ismail ( Universitas Nurul Jadid Paiton Probolinggo )

Jurnal Cakrawala Hukum Vol 9, No 1 (2018): Vol 9, No 1 (2018): Juni 2018
Publisher : University of Merdeka Malang

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Abstract

The intersection of law and society in sociological discourse. In this article a lot is explained about dialogical correlation between law and society in social life. Conceptually law and society have mutually complementary relationships related to their existence. In the legal sociology paradigm, society is a resource that gives life (to nature) and moves the law. Whereas the community lives the law with values, ideas and concepts, besides that the community also supports the law by fertilizing the legal awareness (legal culture) of the community to carry out the law. Social changes and legal changes or vice versa do not always take place together. This means that in certain circumstances legal developments may lag behind the development of other elements in society or maybe vice versa. Law is one means of social change that exists in society. Karaena, there is a relationship of interaction between the legal sector and social changes that occur in the community. Conflicts that occur can cause losses, because they are usually accompanied by violations of the rights and obligations of one party to another party.

Perlindungan hukum terhadap tersangka dalam perspektif ham

Riswinarno, Harmaji ( Fakultas Hukum Universitas Merdeka Malang ) , Suratman, Teguh ( Fakultas Hukum Universitas Merdeka Malang )

Jurnal Cakrawala Hukum Vol 9, No 1 (2018): Vol 9, No 1 (2018): Juni 2018
Publisher : University of Merdeka Malang

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Abstract

This research is about legal protection in the perspective of human rights rights of suspects and potential violations in criminal case investigations. The purpose is to protect the rights of suspects, ensure legal certainty and avoid ill-treatment, and know the obstacles. This research is an empirical legal research. Research location at Sidoarjo Regional Police Station. Data analysis using descriptive qualitative, using content analysis techniques. Legal protection of suspect rights in criminal case investigations can be realized properly if there is a commitment to enforce the law seriously, and the community also provides control to reduce potential human rights violations. In Law Number 8 of 1981 concerning the Criminal Procedure Code as a basis, the examination process at the Sidoarjo Regional Police, investigators in the case of investigations of suspects pay attention to their human rights, give freedom to use a Legal Advisor, give freedom when answering investigator questions, do not emphasize when conducting examinations, notify legal counsel or family if the suspect is ill in custody, treats well when investigating.